Carleton v. Lawrence
New York Supreme Court
Motion to strike out defendant’s answer as sham.
1Opinion of the CourtDelany, J.
This is a motion to strike out the defendant Lawrence’s answer as sham. The plaintiff brings the action to foreclose a mortgage on the property of the defendant, claiming that the principal sum is due and unpaid. This the defendant denies, and in denying uses the language employed by the plaintiff, in expressing the alleged default. The defendant denies in very words as follows: “ Defendant denies that this defendant has failed to comply with the conditions of the said bond and mortgage by omitting to pay the sum of $-20,000, the principal, which became due and payable on the 15th day of…
2Cases cited1 opinion
- Donovan v. MainAppellate Division of the Supreme Court of the State of New York · 1902